Western Australian Numbered Acts Western Australian Numbered Acts (1) An employer is
entitled to be indemnified by a third party whose tort caused an injury to a
worker to the full extent of the employer’s liability to pay
compensation for the injury, whether or not the third party has discharged
their liability to pay damages to the worker by judgment, settlement or
otherwise.
(2) For the purposes
of subsection (1) a reference to liability to pay compensation includes a
reference to a liability that is discharged by a settlement agreement
registered under Part 2 Division 12.
(3) If negligence of
the employer caused or contributed to the worker’s injury, the extent of
the indemnity of the employer by the third party is reduced by the degree of
the employer’s negligence.
(4) If negligence of
the worker caused or contributed to the worker’s injury, the extent of
the indemnity of the employer by the third party is reduced by the degree of
the worker’s negligence.
(5) The extent of the
indemnity of the employer by the third party is reduced to the extent of any
payment to the employer by the third party under section 432 or to the
extent that under that section damages payable by the employer have been
reduced by an amount of compensation paid by the employer.
(6) All questions as
to the right to or amount of any indemnity under this section may, in default
of agreement between the employer and the third party, be determined by a
court of competent jurisdiction.